Attempted murder in South Carolina is a violent felony punishable by up to 30 years in prison, and a judge has no authority to suspend that sentence or grant probation. The charge under South Carolina Code 16-3-29 requires the prosecution to prove a deliberate intent to kill, which is what separates it from the state’s serious assault offenses. A conviction also triggers restrictions on bond, parole, firearm rights, and future sentencing that stay with a person for life.
What the State Has To Prove
Section 16-3-29 defines the offense as an attempt to unlawfully kill another person with malice aforethought, whether expressed or implied. Two elements have to be established: a direct step toward causing someone’s death, and a deliberate intent to kill.
The “direct step” requirement means something more than planning, threats, or gathering materials. There has to be an overt act that, if completed, would have caused death. Firing a weapon at a person, stabbing in a manner likely to be fatal, or setting a lethal trap all qualify. Words on their own do not.
Intent is where most attempted murder cases are won or lost. Confessions are rare, so prosecutors build intent from circumstantial evidence: prior threats, the weapon chosen, where the shots or blows were aimed, and statements made before or after the incident. South Carolina courts have held that intent can be inferred from the use of a deadly weapon and the manner in which it was used. A shot aimed at the head or chest, for example, tends to support an inference of intent to kill rather than merely wound.
How Long a Sentence Can Run
The statutory maximum is 30 years. There is no mandatory minimum written into Section 16-3-29, but the statute forbids the court from suspending the sentence or placing the defendant on probation. Whatever the judge imposes has to be served in custody, subject to the release rules below.
Section 16-3-29 does not set a separate fine. If a concealed deadly weapon was involved, an additional fine of $200 to $1,000 may be added under Section 16-3-610.
Bond rules are stricter than for non-violent charges. Because attempted murder is a violent crime under Section 16-1-60, Section 17-15-15(D) requires bond to be posted as a full cash bond in U.S. currency, not through a percentage surety. A judge may also deny bond entirely if no conditions of release will protect public safety. If the defendant was already out on bond for a previous violent or firearm-related felony, Section 17-15-55(C) automatically revokes that prior bond and requires a circuit court hearing on the new charge within 30 days, with the possibility of bond being denied on both cases.
The 85 Percent Rule
Attempted murder is a “no parole offense” under Section 24-13-100 because it is punishable by 20 or more years. Under Section 24-13-150, anyone convicted of a no-parole offense has to serve at least 85 percent of the actual sentence before becoming eligible for early release, discharge, or community supervision. Good-behavior, work, and education credits do not shorten that floor. On a 30-year sentence, that is roughly 25 and a half years in custody at minimum.
Life Without Parole for Repeat Offenders
Attempted murder also appears on the list of “most serious offenses” under Section 17-25-45. If a defendant with a prior conviction for any offense on that list is convicted of attempted murder, the sentence is life in prison without the possibility of parole. The same is true in reverse: a prior attempted murder conviction followed by any second “most serious offense” produces the same mandatory life sentence. Once the prior conviction is established, the judge has no discretion.
Consequences Beyond Prison
A conviction reaches well past the release date.
Section 16-23-30 makes it unlawful for anyone convicted of a crime of violence to possess a handgun, and attempted murder falls within the state’s violent crime definition in Section 16-1-60. Federal law separately bars all convicted felons from possessing any firearm.
Restitution is mandatory. Section 17-25-322 requires the court to hold a hearing after conviction to determine what the victim is owed for financial losses. The order sets a monthly payment schedule, and falling six months behind brings the offender back to court. No pardon can issue until restitution and collection fees are paid in full.
Violent felony convictions are extremely difficult to expunge in South Carolina, and the record follows a person through employment, housing, professional licensing, and family court custody disputes.
For non-citizens, a conviction for attempted murder almost certainly counts as an “aggravated felony” under federal immigration law because it is a crime of violence carrying a potential sentence of at least one year. That classification makes a person deportable, permanently ineligible for naturalization, and disqualified from most forms of immigration relief, including cancellation of removal and asylum.
Defenses That Fit the Charge
The strongest defenses either attack the intent element directly or challenge the state’s proof that the defendant is the person responsible.
Lack of Intent To Kill
Because intent is the dividing line between attempted murder and lesser assault offenses, showing that the conduct was reckless, impulsive, or meant to frighten rather than kill can undercut the entire case. Forensic evidence about bullet trajectory, wound depth, and the weapon used can support the argument that the act, while dangerous, did not reflect a decision to cause death.
Self-Defense and Stand Your Ground
South Carolina’s Protection of Persons and Property Act, at Section 16-11-440, allows a person who is not engaged in unlawful activity and is attacked in a place they have a right to be to meet force with force, including deadly force, when they reasonably believe it is necessary to prevent death or great bodily injury to themselves or another. There is no duty to retreat.
The statute also creates a presumption of reasonable fear when someone uses deadly force against a person unlawfully and forcibly entering a home, residence, or occupied vehicle. That presumption does not apply if the person using force was engaged in unlawful activity, or if the person against whom force was used was a properly identified law enforcement officer acting in an official capacity. To succeed with self-defense, the defendant generally has to show they were not the initial aggressor and that the level of force used was proportionate to the threat.
Mistaken Identity
When the state’s case leans on eyewitness identification, mistaken identity can create reasonable doubt. South Carolina courts allow expert testimony on how memory works and how identifications go wrong. Surveillance footage, alibi witnesses, DNA, and fingerprints can all be used to challenge whether the right person is on trial.
Intoxication Is Not a Defense
Under Section 16-1-140(C), voluntary intoxication cannot be used as a defense to any crime in South Carolina. A defendant who voluntarily consumed alcohol or drugs is treated as fully responsible for their conduct, regardless of how impaired they were. This surprises defendants whose understanding of criminal law comes from other states, where intoxication can sometimes negate specific intent. It cannot here.
The Lesser Charge That Often Ends the Case
Not every attempted murder charge ends as an attempted murder conviction. The most common alternative is assault and battery of a high and aggravated nature, or ABHAN, under Section 16-3-600(B). ABHAN covers unlawful injuries that result in great bodily harm or are accomplished by means likely to produce death or great bodily injury, and it does not require proof of intent to kill. The maximum is 20 years rather than 30, and the no-suspension rule attached to attempted murder does not apply to ABHAN in the same way.
In plea negotiations, a reduction from attempted murder to ABHAN can produce a large practical difference in the time actually served. A jury may also convict on ABHAN as a lesser included offense if it finds that intent to kill was not proven beyond a reasonable doubt.
Challenging a Conviction
The windows for challenging a conviction are narrow. Under South Carolina Appellate Court Rule 203, a notice of appeal has to be filed within 10 days of sentencing. Missing that deadline forfeits the direct appeal entirely. An appeal targets legal errors from trial, such as improper jury instructions, wrongly admitted evidence, or insufficient evidence to support the verdict. It is not a retrial of the facts.
If the direct appeal fails or the deadline is missed, the remaining avenue is an application for Post-Conviction Relief under Section 17-27-20. PCR is a separate civil proceeding that can raise claims not available on direct appeal, including:
- Ineffective assistance of counsel, meaning the trial attorney’s performance fell below professional standards and affected the outcome
- Constitutional violations in the conviction or sentence
- Newly discovered evidence that requires vacating the conviction
- An illegal sentence that exceeds the statutory maximum or was imposed without jurisdiction
- Prosecutorial misconduct that deprived the defendant of a fair trial
PCR applications carry their own deadlines and procedural rules, and courts grant relief sparingly. For someone serving a long sentence under Section 16-3-29, it remains the main way to challenge a conviction after the direct appeal is exhausted.